Terms of service

Note for marketFX: This is a starting template for a website Terms of Service, written in plain professional English with Arizona governing law and Maricopa County arbitration to match the dispute-resolution pattern used in your client MSAs. Have counsel review before publishing. It governs use of the marketfxdigital.com website only — it is not a master services agreement for client engagements.

These Terms of Service ("Terms") govern your access to and use of the marketfxdigital.com website (the "Site"), operated by marketFX digital ("marketFX," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Agreement to Terms

By accessing or using the Site, you confirm that you are at least 18 years old and have the authority to enter into a binding agreement. These Terms form a legal agreement between you and marketFX digital. We may update these Terms at any time, and your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

2. Description of Services

The Site provides information about marketFX digital, a full-stack omnichannel marketing agency offering services that include paid media, search engine optimization, generative engine optimization, content strategy, marketing analytics, and integrated digital marketing strategy. Information presented on the Site is for general informational purposes only. Engagement of marketFX digital for any specific service requires a separate written agreement signed by both parties.

3. Intellectual Property Rights

All content on the Site — including text, graphics, logos, images, software, frameworks, methodologies, and the marketFX digital name and brand — is the property of marketFX digital or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Site without our prior written consent. Limited personal, non-commercial use is permitted.

4. User Conduct and Restrictions

When using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any portion of the Site, our servers, or related systems
• Use automated means (including bots, scrapers, or crawlers) to access or extract data from the Site, except for compliant search engine indexing
• Reverse engineer, decompile, or disassemble any portion of the Site
• Interfere with the security or operation of the Site
• Submit false, misleading, or malicious information through any forms or contact mechanisms
• Transmit any viruses, malware, or other harmful code through the Site
• Impersonate any person or misrepresent your affiliation with any entity

5. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by marketFX digital. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website or service is at your own risk and subject to their terms and policies.

6. Disclaimer of Warranties

The Site and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, marketFX digital disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any information on the Site is accurate, complete, or current. Marketing performance information, case study summaries, and statistics referenced on the Site reflect specific engagements and are not guarantees of future results.

7. Limitation of Liability

To the fullest extent permitted by law, marketFX digital and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, revenue, data, or business opportunities — arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages.

Our total cumulative liability arising out of or related to these Terms or your use of the Site shall not exceed one hundred U.S. dollars ($100).

8. Indemnification

You agree to indemnify, defend, and hold harmless marketFX digital and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your use of the Site, or your infringement of any third-party rights.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any reference to "applicable law" includes the laws of the State of Arizona and the federal laws of the United States.

10. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Maricopa County, Arizona. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration. Any arbitration must be brought in your individual capacity.

Notwithstanding the above, marketFX digital may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

11. Changes to These Terms

marketFX digital reserves the right to modify these Terms at any time. Changes will be effective when the updated Terms are posted to the Site, with the "Last updated" date revised. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and marketFX digital regarding your use of the Site, and supersede any prior agreements between us regarding the Site.

14. Contact

For questions about these Terms, please contact us:

marketFX digital

Scottsdale, AZ · Vancouver, B.C.

Email: info@marketfxdigital.com

Full-Stack Omni-Channel Marketing · Scottsdale, AZ · Vancouver, B.C.

Performance Led

Brand Growth

A unified, full stack marketing team built for revenue accountability. Strategy, paid, SEO, content, social, and CRM operating as one integrated growth engine powered by AI and proactive consumer and platform shifts.

These terms of service govern the use of marketfxdigital.com and the engagement of marketFX digital for marketing services.